B1 visa

B1 Status: Artists and Entertainers

The B1 nonimmigrant visa category allows for business visitors to travel to the United States to engage in limited business activities as specified in the regulations and in the Department of State’s (DOS’s) Foreign Affairs Manual (FAM). In this article, we will explain the specific circumstances in which a B1 visa may be available for entertainers and artists.

B1 Status: Aliens Normally Classifiable as H1 or H3

The B1 nonimmigrant visa classification exists for certain visitors travelling to the United States for business. Situations in which a B1 visa is appropriate are outlined in the Department of State’s (DOS’s) Foreign Affairs Manual (FAM). In this article, we will use the FAM to examine situations in which an alien normally classifiable as an H1 or H3 nonimmigrant may instead be eligible for a B1 visa.

B1 Status: Certain Business Activities Classifiable as B1

The B1 nonimmigrant visitor category allows for certain business visitors to visit the United States. The U.S. Department of State’s (DOS’s) Foreign Affairs Manual (FAM) outlines the specific situations in which B1 status may be appropriate. In this article, we will examine situations in which B1 status may be granted for cases that may also be classifiable as A, E, H, F, L, or M.

B1 Visas for Medical Clerkships and Observing Business/Vocational Activities

In general, an individual may not use a B1 visitor for business visa to engage in a clerkship in the United States. However, there are two exceptions to this rule. One exception is for engaging in a medical clerkship within certain parameters, and the second exception is for observing business or other professional or vocational activities within certain parameters. In this article, we will examine both of these exceptions for engaging in clerkships on B1 status.

B1 Visas - Unauthorized Employment v. Permissible Business Practices

Both the Immigration and Nationality Act (INA) and federal regulations are univocal in prohibiting businesses operating in the United States from employing foreign nationals who lack an employment authorization (limited or open market) to work in the United States. The prohibition is based on the public policy of protecting the local workforce. However, businesses may associate with foreign nationals on B1 visas to conduct certain types of limited business activities in the United States, provided that they do not rise to employment for B1 business visitors.

Change of Status from B Visitor to F1/M1 Student

Under section 248 of the Immigration and Nationality Act (INA) and regulations in 8 C.F.R. 248.1, it is permissible under certain circumstances to change from B1 or B2 nonimmigrant visitor status to F1 or M1 student status. However, the nonimmigrant visitor who is seeking change of status must be maintaining his or her visitor status and be otherwise eligible for change of status and must satisfy the United States Citizenship and Immigration Services (USCIS) that he or she did not obtain a B1 or B2 visitor visa in order to circumvent the normal application process for an F1 or M1 student visa. In this article, we will examine the rules and procedures for seeking a change of status from B1 or B2 visitor to F1 or M1 student. Please note that an alien who enters under the Visa Waiver Program or as a nonimmigrant visitor otherwise without a visa will not be eligible to change status.